Page 2 of 266. Chairman. Member. Member Secretary

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1 Page 1 of 266

2 Page 2 of 266 SHRI SUBHAKIRTI MAJUMDAR (IAS) Chairman SHRI AMIR SUBHANI (IAS) Member SHRI RAHUL SINGH (IAS) Member Secretary

3 Page 3 of 266 COMMITTEE STAFF SHRI SHATRUGHAN JHA Assistant, Bihar Secretariat Service SHRI RAMBABU DAS Assistant, Bihar Secretariat Service SHRII KAMAKHYA NARAYAN SRIIVASTAVA Assistant, Bihar Secretariat Service SHRI RANDHIR PRABHAKAR Data Entry Operator, Grade-"C" Finance Department, Data Cell SHRI AMARKANT JHA UDC, Bihar Secretariat Service SHRI BISHUN DEO ROY Peon, Finance Department

4 Page 4 of 266 Table of Contents Page Number 1. INTRODUCTION PRINCIPLES OF PAY DETERMINATION AND THE METHODOLOGY RECOMMENDATIONS 3.1. COMMON CATEGORIES Group D Employees Drivers Clerical Cadres Accounts Clerk Stenographers/ Stenotypists of Field Offices Secretariat Clerical Service Head Typist and Type Superintendent Junior Engineers Dresser Teachers Computer Professionals (Electronic Data Processing Staff) Library Staff Inspector and Supervisors Canteen Staff 50

5 Page 5 of Drawing Staff Laboratory Staff Scientific and Research Personnel in Works Departments Common Categories of Works Departments Statistical Functionaries HOME DEPARTMENT Police Organisation Posts in Bihar Police Radio (Wireless) Personnel of Fire Service Instructors in Civil Defence Bihar Prosecution Service District Commandant (Home Guard) Examiner of Finger Prints and Questioned Documents Teleprinter Operators Home (Prisons) Artisans Jailor Jail Warder Probation Service Statistical Officer Chaukidar/ Dafadar 87

6 Page 6 of SPORTS, ART, YOUTH AND CULTURE DEPARTMENT Posts in NCC Museum Assistant Director CANE (INDUSTRIES) DEPARTMENT Cane Officer FOREST AND ENVIRONMENT DEPARTMENT Bihar Forest Service Forest Staff Posts in Sanjay Gandhi Biological Park HEALTH DEPARTMENT Nursing Staff Drug Inspector Food Inspector Physiotherapist and Occupational Therapist Indigenous Systems of Medicine Dental Doctors Pharmacy Teachers X-ray Technicians/ Radiographers Dietitians Prosthetics and Orthotics Ophthalmic Assistant 99

7 Page 7 of Non Medical Assistant (Leprosy) Pharmacist Compounder under Indigenous Systems of Medicine Basic Health Worker Malaria Inspector Posts under Family Welfare CT Scan Technician Copy Holder Physical Instructor Government Analyst X-Ray Mechanic Senior Scientific Assistant Health Visitor (Tuberculosis) Information Assistant cum Telephone Operator Posts under field Establishment Biologist Health Visitor Insect Colletor Superior Field Worker Tin Smith Social Worker 109

8 Page 8 of Auxiliary Health Worker Health Educator Block Extension Educator BCG Team Leader Basic Health Worker Cholera Supervisor Filaria Supervisor Vaccinator Family Planning Worker Basic Health Inspector(Malaria) Cath-Lab Technician, Indira Gandhi Institute of Cardiology INFORMATION AND PUBLIC RELATIONS DEPARTMENT Hindi Assistant/ Urdu Assistant Talkies Operator Editor Assistant District Public Relations Officer and Additional District Public Relations Officer Information Electronic Engineer RURAL DEVELOPMENT (PANCHAYATI RAJ) Lady Extension Officer Panchayat Sewak SCIENCE AND TECHNOLOGY DEPARTMENT

9 Page 9 of Teachers and Instructors of Engineering Colleges and Polytechnics Registrar Laboratory Assistant FINANCE DEPARTMENT Treasury Clerks Government Press Employees Technical Staff of the Government Press DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS Secretariat Stenographer Service Bihar Secretariat Service Employee of Bihar Public Service Commission REVENUE AND LAND REFORMS DEPARTMENT Revenue Karmachari Copyist Assistant Settlement Officer/ Consolidation Officer Employees of Survey Map Press Amin and Surveyor Proof Reader-cum-Translation Assistant Deputy Director (Agriculture Census) Head Peshkar 128

10 Page 10 of Research Office(Gazetteer) LAW (JUSTICE) DEPARTMENT High Court Staff Employees of the Civil Courts EXCISE AND REGISTRATION DEPARTMENT Assistant Sub-Inspector (Excise) Sepoy (Excise) AGRICULTURE DEPARTMENT Block Agriculture Officer and equivalent Posts Jute Extension Worker Jute Extension Supervisor Village Level Worker/ Jan Sewak Inspectors of Weights and Measures Field Assistant Agriculture Engineers Horticulture Plant Protection Staff Posts under the Soil Conservation Directorate WATER RESOURCES Irrigation Revenue Inspector Electrical Supervisor 138

11 Page 11 of ENERGY DEPARTMENT Biogas Technician Other Technical Posts PUBLIC WORKS DEPARTMENT Architect ANIMAL HUSBANDRY DEPARTMENT Assistant Director (Statistics) Dairy Technologists Fisheries Staff CABINET SECRETARIAT DEPARTMENT Urdu Translator/ Assistant Urdu Translator and Typist Rajbhasha Assistant Civil Aviation Aircraft Maintenance Engineer Pilots Chief Flight Instructor Archivist, State Archives Preservation Supervisor, State Archives Superintendent, State Guest House INDUSTRIES DEPARTMENT Posts under Handloom and Silk Directorate 152

12 Page 12 of Keet Palak and Equivalent posts Upendra Maharathi Sansthan Lecturer LABOUR, EMPLOYMENT AND TRAINING DEPARTMENT Instructors Social Organiser TRANSPORT DEPARTMENT District Transport Officer Master Enforcement Sub-Inspector Motor Vehicle Inspector Cleaner and Greaser MINOR WATER RESOURCES DEPARTMENT Geologist/ Hydrologist FOOD AND CIVIL SUPPLIES DEPARTMENT Personal Assistant, State Commission Accountant, State Commission Accounts Inspectors Supply Clerk PARLIAMENTARY AFFAIRS DEPARTMENT Legislative Assembly/ Council HUMAN RESOURCE DEVELOPMENT DEPARTMENT Accountant, Government Woman s 161

13 Page 13 of 266 College, Gardanibagh 4. STATE SERVICES AND STATE CADRES (GAZETTED GROUP B ) ASSURED CAREER PROGRESSION SCHEME 199 GOVERNMENT OF INDIA ORDER ON ACPS FINANCIAL IMPACT 213 ACKNOWLEDGEMENTS 219 ANNEXURES I a) Resolution No dated of the Finance Department b) Resolution No 6939 dated of the Finance Department c) Notification No 7356 dated of the Finance Department d) Resolution No 9529 dated of the Finance Department II Normal Replacement Revised Pay Structure 227 III Entry Pay in the Revised Pay Structure 228 IV Fitment Tables 230 V List of Representations received/ heard by the Committee 245

14 Page 14 of 266 Chapter 1: Introduction This Pay Committee was set up vide Resolution No dated of the Finance Department. The terms of reference of this Committee were as follows:- to recommend a revised pay structure for the employees under the State Government on the lines of the recommendations made by the Sixth Central Pay Commission for the revised pay structure for employees under the Central Government; to recommend a revised pension structure for the pensioners under the State Government on the lines of the recommendations made by the Sixth Central Pay Commission for the revised pension structure for pensioners under the Central Government; to make recommendations regarding merger of pay scales and upgradation of posts as recommended by the Sixth Central Pay Commission; to make recommendations regarding revision of allowances sanctioned to employees of the State Government; and revision of the ACP Scheme applicable to the employees of the State Government; and The Committee was required to take the economic condition, state of resources, financial capability and other commitments of the State into consideration while making recommendations with respect to the above. The Finance Department also, vide para-4 of the Resolution No 363 dated , authorized the Pay Committee to make necessary recommendations regarding restructuring of certain cadres in order to

15 Page 15 of 266 implement the decision to upgrade the pay structure of six State Services. In general practice, once the Fitment/ Pay Committee/ Commission is constituted to make recommendations regarding pay and allowances, the Government desists from making any amendments in the pay structure. In case of administrative exigencies, the matter is generally referred to the Fitment/ Pay Committee/ Commission. This time around, however, the Government notified provisional revised pay structure vide resolution no 362 dated In addition, it also ordered upgradation of the pay scales of the entry level of Six State Services termed premier Services to vide Resolution No 363 dated Further, it ordered provisional upgradation of pay scales and consequent provisional revision of pay for teachers of Primary, Middle and High Schools vide Resolution No 532 dated Finally, vide Resolution No 819 dated , the Government ordered revision of pension in accordance with that recommended by the Sixth Central Pay Commission. The provisional orders in all the above cases were subject to the recommendations being made by this Committee. This was both good and bad for the Pay Committee good because there was no demanded urgency to finalise and submit its report as was the case with the earlier Pay Revision/ Fitment Committees. However, the provisional revision may affect the implementation of those recommendations of the present Committee which would impact the provisional pay adversely. This Committee has tried to harmonise its recommendations with the provisional pay structure to the extent possible. The Committee had Sri Subhakirti Majumdar, Principal Secretary, Commercial Taxes Department, as its Chairman; Sri Amir Subhani, Secretary, Personnel and Administrative Reforms Department, as Member; and Sri Arunish Chawla, Additional Finance Commissioner as the Member-Secretary. All these members were required to perform their functions in the Pay Committee in addition to their original duties.

16 Page 16 of 266 It is to be noted that the Member was also in charge of the post of Secretary, Excise and Registration Department while the Member- Secretary, Sri Chawla, was also in charge of the post of Managing Director, COMFED. During this period, the hearing of the Associations/ representationists and collection of all required information was completed. Also, the Report on Allowances was signed on and submitted thereafter. Subsequently Mr Chawla left on Central deputation to New Delhi, the present Member-Secretary was appointed vide Notification No 7356 dated of the Finance Department. At that time, the Member- Secretary was in charge of the posts of Director, Urban Development, Managing Director, Bihar Urban Infrastructure Development Corporation and Managing Director, Bihar State Housing Board. Subsequently, the Member-Secretary was transferred to Bhagalpur in the capacity of District Magistrate, Bhagalpur in the first week of October. Meanwhile, in October itself, the Member was also given the charge of the post of Home Secretary in addition to the post of Secretary, Excise and Registration Department. Alongside the constitution of the Committee, it was provided office space in the Visveshwaraiah Bhawan and staff provided to it in the form of three Assistants, one UDC, one Data Entry Operator and one Group D employee. Interestingly, the Fitment Committee, set up to recommend Central pay scales to State employees subsequent to the Fifth Central Pay Commission, had a total of 23 officers and staff to assist the Committee. The Chairman of the present Committee was the fulltime Member-Secretary of the Fitment Committee as well as the Member-Secretary/ Additional Secretary of the Fitment-cum-Pay Revision Committee between to the date of submission of the Report, i.e This Committee started work in right earnest in the month of January itself. Newspaper advertisements were placed inviting demands/ representations from Employees / Officers Associations/ Federations as well as individual employees/ officers. The last date for receiving representations was fixed as though representations were

17 Page 17 of 266 received even after that date. In all, 919 representations were received. Once the representations were received, dates were fixed for hearings on the memoranda and notices issued to the reperesentationists to appear and put forth their case. Hearings on the representations commenced on 06/03/2009 and went on till During that period, all the memoranda received from the various Service Associations were heard individually. The representations of individuals could not be heard separately, but all of them were considered at the time of making category-wise or post-wise recommendations. Initially, the Committee was given time upto to submit its Report, which period was extended upto within which this Committee is submitting its Report. The rest of the Report is organized in the following manner:- In Chapter 2, the principles of pay determination and the methodology applied have been enunciated; Chapter 3 contains the post-wise recommendations regarding pay, except for the State Services and State Cadres; Chapter 4 contains the recommendations regarding the State Services and the State Cadres; Chapter 5 contains recommendations on the Assured Career Progression Scheme; Chapter 6 contains the Committee s observations on the financial impact of the recommendations. The Committee had noted the multiplicity of same or similar posts across various Departments. An effort has been made to deal with all such posts which exist in more than one Department in the discussion on Common Categories. The Committee was also aware that revised pay scales with respect to some posts could not be recommended by the Fitment Committee because their details were not available either in form of information from the Department concerned or in form of representation by the

18 Page 18 of 266 incumbents thereon. The Finance Department had, subsequently, notified the pay scales of the posts which had been left out on the basis of the proposals of the Department concerned. With a view to avoiding this situation during the course of the present exercise, the Finance Department was requested to make available to this Committee a list of all posts, the pay scales in respect of which had been revised subsequent to notification of pay scales vide Resolution No 660 dated However, the Committee is yet to obtain the aforesaid list. Therefore, there might as well be posts which may not have been discussed by this Committee. The Committee has taken note of the revised Pension Scheme sanctioned vide Resolution No 819 dated for the pensioners whose retirement date falls after and Resolution No 820 dated for the pensioners who had retired before The orders seem to be in conformity with the Central Pension Scheme. Further, this Committee is not exercising itself over the date on which these recommendations would come into force because it appears from the provisional pay revision effected by the Government on that the Government have already decided that this pay revision would come into effect notionally from and with full financial benefit from though payment of revised (provisional) scales would commence from Earlier when the Fitment Committee s terms of reference were notified while constituting the Committee on , the State Government had notified that the revised pay scales would become notionally effective from but actual payment would be disbursed from Hence, this Pay Committee has a fait accompli in so far as discussion on the date of implementation of revised pay structure is concerned. After having constituted the Committee on , the State Government decided, on , that the revised pay structure would be effective from and payment would actually commence from We would not like to reconsider the matter as a decision has already been taken by the State Government. However, it is suggested that arrears of pay between and should be

19 Page 19 of 266 expedited, preferably as per the dispensation of the Central Government. This Committee would like to record that never before has a Pay Committee submitted its Report within one year of its constitution. The pressures of various official commitments of each of the Members of this Committee and the urgency the State Government has in obtaining the Report has placed this Committee at a disadvantage. What required a little further deliberation had to be dispensed with. The comparison and fine tuning that is required after having completed the Report is also being dispensed with owing to constraints of time. Hence, there might be some discrepancies here and there. We are sure that the Finance Department would detect them and iron them out. It would be desirable that the public at large have access to the contents of this Report in the interest of transparency and convenience. Therefore, the Finance Department is requested to put the Report in downloadable format on the State Government Website as and when it is decided to make the Report public. Note: In the following, wherever SCPC is mentioned, it would mean a reference to Sixth Central Pay Commission; FCPC would mean a reference to the Fifth Central Pay Commission.

20 Page 20 of 266 Chapter 2: Principles of Pay Determination and the Methodology The Fitment Committee, which was set up to examine the issue of grant of Central pay scales to State Government employees subsequent to the recommendations of the Fifth Central Pay Commission, had the mandate of recommending pay scales for the employees under the State Government equivalent to those granted to employees under the Central Government subsequent to acceptance of the Report of the Fifth Central Pay Commission. In Volume I of its Report, the Fitment Committee has discussed the principles it followed in pursuance of its mandate. By and large, the principles framed by the Fitment Committee allowed it to locate Central equivalence or the lack of it with respect to all the posts with which it concerned itself. Although held to be important, the following were not found to be the sole determinants in themselves for purposes of recommending appropriate pay structure:- - educational qualifications; - method of recruitment, i.e. whether recruitments are made through common selection procedure for deciding internal relativity of various posts; - nomenclature or designation of posts; - same class of services/ grade entitling each to get the same pay scale; and - similar nature of work or responsibility. The Fitment Committee held that each of the above factors has its own importance and that it is the sum which should be looked into rather than the parts along with the principles enumerated by the Pay Commission.

21 Page 21 of 266 Subsequent to the Fitment Committee submitting its report, the Government set up a Fitment Appellate Committee to look into the anomalies which might have been created owing to acceptance of the recommendations of the Fitment Committee. With the submission of the report of the Fitment Appellate Committee, equivalence of each post under the State Government, except those as might have been inadvertently left out, has been established with posts under the Central Government or the Union Territories by such expert Committees as had been expressly set up for that purpose. This Committee feels that, in comparison to the Fitment Committee, it should confine its scope in that it considers itself bound by the recommendations of the previous expert Committees. Thus, the following are the reference points for the present Committee: The recommendations of the Fitment Committee if they have not been overridden by the Fitment Appellate Committee or subsequent State Government decisions or judicial pronouncements. Those recommendations of the Fitment Appellate Committee which have been accepted and implemented by the State Government, in case they have not been overridden by subsequent State Government decisions or judicial pronouncements. Those recommendations of the Fitment Appellate Committee which have not been accepted and implemented by the State Government, in case they have not been revised by subsequent State Government decisions or judicial pronouncements. Subsequent decisions by the State Government. Subsequent judicial decisions. The above implies that the equivalence and relativities established by the Fitment Committee and the Fitment Appellate Committee shall be carried forward in the same form, unless there is an express decision of the Government or a standing judicial pronouncement to the contrary. In the following Chapters, the common categories of posts are taken up first. By common categories, this report would refer to such posts as are obtaining in at least two departments, with largely the same

22 Page 22 of 266 designation; recruitment qualifications and mode; and similar functions. This would, obviously, lead to inclusion of a larger number of posts under the broad category of common categories. A further endeavour is to rationalize the pay structure of such posts across departments, in case such rationalization is not obtaining. After the common categories, posts specific to particular Departments are taken up. Finally, the state services are dealt with. While discussing a particular post/ Service/ Cadre, the following would be the step-wise procedure:- I. Identification of the equivalent post in the Central Government according to the reference points (according to the discussion on the previous page). The equivalence might not be explicitly stated in case it is obvious. II. Determination of the revised pay structure of that post. III. Working out a tentative recommendation. IV. Examination of the representations received by the Committee. V. Arrival at a final recommendation. Sometimes, parity with Central posts may not have been established by the Fitment Committee but appropriate pay scale recommended in view of the criteria enunciated by it. In that case, this Committee has recommended according to the recommendations of the Fitment Committee unless some new facts have been brought to light. An effort has made to identify anomalous situations and suggest measures for their rectification. In some cases, certain Government orders might have been issued in the interregnum which had the impact of disturbing a longstanding internal relativity or Central equivalence. The Committee had, in such cases, either of two options:- Recommend against the Government order; or Accept the Government order as having created a changed relativity. The Committee has, in general, attempted a harmonious construction in that these Government orders have been taken to represent the fresh

23 Page 23 of 266 reference point for such posts instead of treating the recommendations of the Fitment Committee as the reference point. Further, the SCPC has granted replacement pay structure to such posts as have not been discussed. This Committee is recommending accordingly. Finally, there might be posts which have been left out either due to inadvertence or due to information about the post not being made available to the Committee. In all such cases, replacement pay structure will be permissible. In case the concerned administrative department has any reservations, then the Finance Department would examine the matter and issue appropriate orders. In addition, the following are recommended:- the pay fixation formula, recommended by the SCPC and accepted by the Central Government with suitable modifications, be made applicable for State Government employees as well. Fitment tables with respect to the pay structure revision recommended by this Committee is annexed to this Report; the Central Government has defined entry pay in the respective Pay Band with respect to employees who have been or shall be appointed after It is recommended that this be adopted in the State Government with the modification that the employees appointed between and will draw pay in the unrevised pay scale till and that their pay in the revised pay structure shall be fixed on in terms of the principles enunciated for the same by the Central Government and the principles defined by the Finance Department with respect to similar matters in previous Resolutions of the Finance Department effecting Pay Revision, from which date they will draw salary in the revised pay structure; and in case there is a requirement for cadre restructuring in course of implementation of these recommendations, the administrative

24 Page 24 of 266 Department concerned would undertake the exercise in consultation with the Finance Department.

25 Page 25 of 266 Chapter 3: Recommendations 3.1 Common Categories Group D Employees Vide Resolution 9849 dated of the Personnel and Administrative Reforms Department, Government of Bihar, all posts, the maximum of the pay scale for which were equal to or below Rs 4000, were classified as Group D posts. The following discussion would apply to all Group D posts, whether discussed separately in this Report or not. The Fitment Committee had recommended the pay scale of as was available to Group D employees at the Centre (Para 3.7.9). The unrevised pay scale of Group D employees in the State was The Fitment Committee had rejected the demand for placing these employees in the revised pay scale of and in view of the consideration that the pay scale of was not available in the Centre. However, in 2007, the State Government granted the pay scale of to those of its employees, whose basic pre-revised pay was upto Rs The pay scale of was sanctioned to such employees whose basic salary was above Rs The reason ascribed for this departure from the Central scheme was that, owing to discontinuation of the time-bound promotion scheme and the time-lag before the ACP scheme stood implemented, a large number of employees were drawing a large part of their salary as Reducible Personal Pay. This was made effective from In this situation there are two options before this Committee. Obviously, the Government order did not question or amend the recommendations of the Fitment Committee. Thus, the first option is to ignore this order for purposes of recommending revised pay scales. The second option is to accept this order as having created a new equivalence.

26 Page 26 of 266 This Committee, in terms of the methodology decided by it for determination of the revised pay structure, has decided to treat the Government decision as having created a fresh reference point and is recommending accordingly. The SCPC has discussed Group D employees in Chapter 3.7 of its Report. It has recommended as follows:-.. no further recruitment taking place in any of the existing Group D posts. The minimum grade in which all future recruitments takes place will be the PB-1 (Group C) pay band of Rs with the grade pay of Rs The recruitment in this grade will be from amongst candidates possessing minimum qualifications of either 10 or ITI or equivalent. Insofar as the present incumbents in the 4 existing Group D pay scales are concerned, their salaries will be fixed as under:- Initially, all Group D employees shall be placed in the -1S pay scale with appropriate grade pay. The Commission would like to reiterate that 1S pay scale is not a regular pay scale. This pay scale has been devised mainly for the purpose of initial fixation of pay of the Group D employees who had already been recruited on a regular basis as on the date of implementation of this recommendation by the Government. Thereafter, such of those Group D employees as already possess the revised minimum qualifications prescribed for entry into the Group C pay band along with a grade pay of Rs.1800 would be placed in that grade (i.e. pay band of Rs along with a grade pay of Rs.1800) with effect from No fitment benefit would be given again for this fixation. The Commission has devised a fitment table (Table 3.7.1) for this fixation. All fixations should be done accordingly. Such of those existing Group D employees who do not possess the minimum qualifications prescribed would need to be retrained. The training package would need to be evolved

27 Page 27 of 266 separately for each of the individual Ministry/Department/ Organisation keeping in view their specific needs. Job description of the Group D posts so upgraded and placed in Group C shall also be revised and re-defined with emphasis on multi skilling so that a single employee is able to perform various jobs. After retraining with emphasis on multi-skilling, the Group D staff will be placed in the Pay Band PB-1 of Rs with the grade pay of Rs Once placed in the PB-1 Pay Band, this category of Group D staff will regain their seniority vis-à-vis the other category of Group D staff that already possessed the minimum prescribed qualifications and were, therefore, placed in the PB-1 Pay Band immediately. Inter-se seniority of all the employees in erstwhile Group D will be fully maintained with Group D employee in a higher Fifth CPC pay scale being placed higher vis-à-vis an employee in a lower pay scale. Within the same prerevised pay scale, the seniority will be fixed on the basis of date on which the person came to be placed in that pay scale. Appropriate designations can be devised by individual departments for the erstwhile Group D posts placed in the PB-1 Pay Band. Alternatively, a common designation of Skilled Work Assistant can be extended to this category. This Committee feels that there might be a tendency to upgrade the pay scales with insufficient training. Therefore, it is recommended that the training package being devised by the individual Departments be finalized in consultation with the Finance Department and for the Finance Department in consultation with the Personnel and Administrative Reforms Department. Only after undergoing this training successfully would an employee be eligible for upgraded pay structure. Otherwise, they would be entitled to the

28 Page 28 of Drivers The State Government has framed the Bihar Vehicle Driver (Recruitment and Service Conditions) Rules, This has made the pay structure of Drivers under the State Government analogous to that of Drivers under the Central Government. The 2005 Rules, as notified on , sanctioned only three grades and assigned percentages to each. This promotional benefit covered Drivers in Secretariat Departments, its allied Offices and Mufassil Offices at various levels. Subsequently, the Department of Personnel and Administrative Reforms, by a Notification dated sanctioned four grades in the scales noted below. The promotional avenues that have been made available from are as follows:- Basic Grade % 1 st Promotional Level % 2 nd Promotional Level % 3 rd Promotional Level % The Sixth Central Pay Commission has recommended normal replacement Pay Band and Grade Pay, which this Committee agrees with. Thus, the revised pay is recommended as follows:- Sr. No. Designation Present Recommended Recommended Pay Scale Pay Band Grade Pay 1 Vehicle Driver PB (Basic Grade) 2 Vehicle Driver PB (Grade II) 3 Vehicle Driver PB (Grade III) 4 Vehicle Driver PB (Special Category) The Bihar State Government Motor Vehicles Drivers Association represented by its President, Sri Lakshmi Narayan Singh have requested for SCPC pay structure w.e.f and have inter-alia stated that

29 Page 29 of 266 the promotional benefits should be made available from and not as the State Government has decided. On a plain reading of the Rules framed for Drivers, it is not apparent as to why the Rules specify grant of promotion including the fourth scale from Further scrutiny reveals that, in para of the Fifth Central Pay Commission Report, there is a mention that an additional scale corresponding to Rs may be separately introduced for Drivers to provide the financial benefits of a second promotion under the ACP. It is presumed that the pay scale of was sanctioned following the recommendation of the Fifth Central Pay Commission from If this be the case, then promotional benefits cannot be granted from As regards other demands of the aforesaid Association, these have mostly been taken care of in the Committee s report on Allowances. With reference to the demand for promotion of Drivers to the post of Clerks, this may be decided in keeping with the recommendations of the SCPC at Para of its report. In addition, the following is recommended on the lines of the recommendations of the SCPC:- 1. As far as possible, new cars not be purchased any longer. Rather, only hired cars be used in place of existing cars once they are condemned. 2. Making the cadre of drivers multi-skilled so that:- a. they utilize the office hours in performing some useful work when they are not actually engaged in driving; and b. they are able to integrate once their services as drivers are no longer required. Other than Drivers discussed above, there are Tractor Drivers, Roller Drivers, Dumper Operators, Crane Operators, Dozer Operators and host of other Drivers with varying nomenclature and pay scales. Normal replacement scales are recommended for all such posts. Representations from such Drivers have also apparently not been received. The Fitment Committee, in its Report at Para 5.3.1, had

30 Page 30 of 266 recommended that claims of Drivers who are engaged on heavy motor vehicles will have to be determined based on provisions of the Central Motor Vehicles Act, 1988 which specifies that a heavy motor vehicle has to have an unladen weight not less than kgs. Promotional avenues for Drivers now stand resolved with the notification of the Recruitment and Service Condition Rules, 2005 on and subsequent notification dated In case, the number of Drivers in an office are limited and few and, as such, are not amenable to provision of promotional avenues as envisaged, pooling of field Offices or Departments of the Secretariat could be resorted to, as was recommended by the Fitment Committee at Para Wherever, such clubbing is not possible, suitable rules would have to be framed. For isolated posts of Drivers, provisions of the ACPS would need to be invoked for grant of promotions Clerical Cadre After the recommendations of the Fitment Committee were implemented (Para to 1.8.3; to ), a new tier was added in the clerical cadre in the form of Lower Division Clerk (LDC) through orders of the Finance Department issued on in accordance with the recommendations of the Fitment Committee. Thus, the clerical cadre is now four-tiered:- Sr. No. Designation Pay Scale 1 Lower Division Clerk Upper Division Clerk Head Clerk / 2 nd Grade Assistant 4 Office Superintendent / Head Assistant In offices where there is no post of Office Superintendent/ Head Assistant, the structure is three-tiered and the pay scale of the Head Clerk stands at

31 Page 31 of 266 In the Centre, the pay scales for all Head Clerks have been merged and a unified grade pay of PB-2 with grade pay of Rs 4200 has been notified (Para and of the report of the SCPC). Further, the distinction between LDC and UDC has been maintained. The main focus of the representations of the various Employee Associations and their resolution is as follows:- I. Grant of pay band of PB-3 to Head Clerk: Not possible in view of the recommendations of the SCPC; II. Merging the posts of LDC and UDC: Not possible in view of the recommendations of the SCPC; III. Restructuring of the clerical cadre in all establishments on the lines of the collectorate cadre: The SCPC has deliberately refrained from undertaking a detailed cadre review with respect to any service/ cadre. The Pay Committee agrees with the above. Detailed cadre review lies in the domain of the administrative department concerned; IV. Removal of distinction between the Head Clerks drawing and : To be resolved on the lines of recommendations of the SCPC; V. Grant of pay of UDC to LDC appointed after on basis of advertisement issued before that date: It has been brought to light that the matter is sub-judice. Accordingly, the Committee is unable to make any recommendations regarding the same; VI. Creation of service rules for clerks in the Collectorate and other Mufassil Establishments: The recommendations of the Fitment Committee, made vide para to , have still not been implemented. This Committee would recommend that the Government take a decision on those. The following revised pay structure is, accordingly, recommended:- Sr. Designation No. 1 Lower Division Clerk 2 Upper Division Clerk Present Recommended Recommended Pay Scale Pay Band Grade Pay PB PB

32 Page 32 of Head Clerk PB Office Superintendent / Head Assistant PB The Committee is aware that the above would place the incumbents in the posts of Head Clerks and Office Superintendents/ Head Assistants in identical pay structures, even though the latter posts are promotional posts to the former. The Fitment Committee had drawn equivalence of the post of Office Superintendent with the posts of Office Superintendent Level I/ Office Superintendent. The State Government may consider redesignation of these posts as Assistant Administrative Officer and grant of the unrevised pay scale of to these posts. According to the decision of the Central Government contained in O.M. F.No.1/1/2008-IC dated of the Department of Expenditure, Government of India, posts in the unrevised pay scales of , and have been merged and granted PB-2 with grade pay of 4200, therefore, and the post carrying the unrevised pay scale of is the promotional post for the posts in the unrevised pay scale of or , it would be upgraded and granted the grade pay of 4600 in PB-2. If the State Government so decides, the Office Superintendent/ Head Assistant may be redesignated as Assistant Administrative Officer with a grade pay of Accounts Clerk The Fitment Committee had discussed the matter of Junior Accounts Clerk and Senior Accounts Clerk in great detail at paragraph 23.2 of volume II of its report. Equivalence of this cadre could not be established with organized accounts cadres under the Central Government. Rather, parity with other ministerial cadres was sought to be established. The SCPC has, for Accounts Clerks under the Central Government, rejected parity with organized cadres and has recommended that parity be maintained with other ministerial cadres (Para 3.8.5).

33 Page 33 of 266 The Fitment Committee had recommended the following pay structure:- Sr. No. Designation Pay Scale 1 Junior Accounts Clerk 2 Senior Accounts Clerk It had further recommended that a mandatory requirement of passing the Accounts Examination be prescribed for promotion from Junior Accounts Clerk to Senior Accounts Clerk. The representations received in this behalf mostly relate to recommending a pay structure according to that of the organized accounts cadres under the Central Government. It is obvious that this demand cannot be fulfilled in view of the findings of the Fitment Committee, which, incidentally, were also upheld by the Fitment Appellate Committee. The revised pay should be as follows:- Sr. No. Designation Present Recommended Recommended Pay Scale Pay Band Grade Pay 1 Junior Accounts PB Clerk 2 Senior Accounts PB Clerk Stenographer/ Steno typist of Field Offices The State Government has framed the Bihar Field (Collectorate) Stenographers Cadre Rules, This has made the pay structure of Stenographer/ Steno typist of Field Offices under the State Government analogous to that prevailing in the Central Government. The present pay structure is as follows:- Sr. No. Designation Pay Scale 1 Stenographer

34 Page 34 of 266 Grade III 2 Stenographer Grade II 3 Stenographer Grade I The Fitment Committee had established equivalence of Stenographer/ Steno typist of Field Offices with the post of Steno Grade III in the nonsecretariat organizations under the Central Government (para to 1.9.7) and recommended accordingly. This recommendation was upheld by the Fitment Appellate Committee as well. The main claim raised by the employees associations is that of equivalence with the Stenographers under the secretariat establishment and consequent pay structure. The terms of reference of this Committee mandate recommendation of equivalent Central pay structure. In terms of the recommendations of the SCPC at para , the revised pay should be as follows:- Sr. No. Designation Present Recommended Recommended Pay Scale Pay Band Grade Pay 1 Stenographer PB Grade III 2 Stenographer PB Grade II 3 Stenographer Grade I PB Further, the SCPC has recommended that no justification exists for maintaining a distinct cadre of Stenographers in any Government Office. Rather, the emphasis should be on multi-skilling (para ). It has further recommended that separate recruitment to ministerial and stenographer cadres should cease immediately (para ). This Committee, accordingly, recommends that the cadre of stenographers be merged with the clerical cadre and only the present incumbents continue as distinct cadres.

35 Page 35 of Secretariat Clerical Service The Secretariat Clerical Service has come into existence as a consequence of the formulation of the Bihar Secretariat Clerical Service (Recruitment and Conditions of Service) Rules, Two rungs are provided for in this service, viz Lower Division Clerk and Upper Division Clerk in the pay scales of and , respectively. The minimum recruitment qualification for the post of LDC is matriculation with knowledge of typing and computer operation while the post of UDC is promotional. The Secretariat Clerical Service Association has demanded that full financial benefits be granted w.e.f ; upgradations under ACPS be granted in the pay scales of and w.e.f Some other demands have been made, which relate to allowances and cadre review. Allowances have been dealt with separately while detailed cadre review is in the domain of the administrative department concerned. The recommendations as to the date on which these recommendations are to come into effect are dealt with separately. The administrative department is advised to look into the grievance regarding the pay scales allowable under the ACPS. The SCPC has granted normal replacement Grade Pay under PB-1 for LDCs and UDCs of the Central Secretariat Clerical Service (para 3.1.9). This Committee, too, recommends the same. Accordingly, the following pay structure is recommended:- Sr. No. Designation Present Recommended Recommended Pay Scale Pay Band Grade Pay 1 Lower Division PB Clerk 2 Upper Division PB Clerk It is also recommended that isolated or left-out posts of clerical nature in the secretariat be also encadred in this service wherever administratively feasible.

36 Page 36 of Head Typist and Type Superintendent The feeder posts for these secretariat-level posts are now part of the Secretariat Clerical Service and it has been decided by the State Government that these posts would be abolished as they become vacant owing to superannuation or other causes. There are no posts corresponding to these in the Central Secretariat and the Fitment Committee had recommended normal replacement scales (para to 1.7.5). The demand of the incumbents, in terms of pay scales, is for normal replacement as allowed in the Centre, which is being accepted. The following revised pay structure is recommended:- Sr. Designation Present Pay Recommended Recommended No. Scale Pay Band Grade Pay 1 Head Typist PB Type Superintendent PB Junior Engineers Junior Engineers of the various Works Departments under the State Government are in the pre-revised pay scale of The pay scales of ; and have been merged into PB-2 with a grade pay of The demands that have been received in connection with this cadre mainly relate to the following:- Grant of higher pay scales; Grant of equivalence of degree-holder JEs with directly recruited AEs in terms of promotional avenues. The SCPC has discussed the case of Junior Engineers in Para of its report. While higher pay scales cannot be granted in view of the established equivalence with similar posts under the Central Government, the modified ACP scheme being recommended separately

37 Page 37 of 266 might be able to ameliorate a few of the grievances related to the second demand. The recommended pay structure is PB-2 with grade pay of Dresser The post of Dresser is found in the Home (Prisons) Department and the Health Department. The Fitment Committee had discussed this post in Para to The demand before it was to sanction the revised pay corresponding to as was allowed to Basic Health Worker. The Fitment Committee found that posts carrying the designation of Dresser under the Central Government are carrying the pay scale of or lower. Accordingly, the Fitment Committee recommended that the post of Dresser would carry the pay scale of , whether they were matriculates or otherwise. Representations have been received from the Bihar State Dressers and Health Workers Association and the Bihar State Non-Gazetted Employees Federation (Gope Faction) apart from certain individual representations. The thrust of these representations and their resolutions are as follows:- Grant of pay scale of for such posts as have the recruitment qualification of matriculation, as has been allowed by the Ministry of Railways vide its order dated : Not possible in view of the discussion indicated by the Fitment Committee in para Grant of pay scale of in view of the higher qualifications and training required in comparison to other posts attached with higher pay scales: Not possible in view of the discussion indicated by the Fitment Committee in para Denial of benefit under ACPS to Dresser under the Darbhanga Medical College Hospital: It appears that the Department has denied the benefit of first financial upgradation under the ACPS on the advice of the

38 Page 38 of 266 Accounts Officer. Redressal of this grievance is only possible at the level of the Department concerned. The SCPC has not specifically discussed the post of Dresser in its report. Rather, in its discussion on Para-medical staff at Para , it has recommended that those of the Para-medical posts which have not been specifically mentioned shall be extended the corresponding replacement pay structure. Therefore, this post would be granted the replacement pay structure in the appropriate pay band subject to the general recommendations made regarding Group D employees Teachers Posts of teachers are found in the Human Resource Development Department, the Home (Prisons) Department, Water Resources Department, Relief and Rehabilitation Department and the Welfare Department. The Fitment Committee had, vide discussions in Chapter 12 of its Report, recommended Central pay scales for the teachers of Government Schools and Nationalized Schools with certain conditions and the State Government had notified the same. The SCPC s recommendations are contained in Para and Para of its Report. Reference may also be had to para of the FCPC. According to the FCPC, Headmaster, Middle School is equivalent PGT Grade I and Headmaster, Secondary School is equivalent to Vice- Principal. Accordingly, we recommend as follows:- POSTS EXISTING PAY SCALE RECOMMENDED PAY SCALE PAY BAND GRADE PAY Post Graduate Trained Teacher (Teachers in +2 Schools) Lecturer Basic Grade PB Senior Scale PB Selection Scale PB